Greenville County v. Brooks

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Greenville County, Respondent,

v.

Dennis Darrell Brooks, Appellant.

Appellate Case No. 2011-192348

Appeal From Greenville County
G. Edward Welmaker, Circuit Court Judge

Unpublished Opinion No. 2013-UP-002
Submitted December 3, 2012 – Filed January 2, 2013

AFFIRMED

Grant Henry Gibson, of G. Gibson & Associates, LLC, of
Taylors, for Appellant.

H. Dean Campbell and Kimberly N. Wunder, both of the
Greenville County Attorney's Office, of Greenville, for
Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: Indigo Assocs. v. Ryan Inv. Co., 314 S.C. 519, 523, 431 S.E.2d 271,
273 (Ct. App. 1993) ("The circuit court, acting as an appellate court in a case heard
by the magistrate, cannot consider questions that have not been presented to the
magistrate."); State v. Gault, 375 S.C. 570, 573, 654 S.E.2d 98, 99-100 (Ct. App.
2007) (holding a constitutional argument advanced on appeal to the circuit court
but not raised before the magistrate is not preserved for this court's review).

AFFIRMED.1

HUFF, THOMAS, and GEATHERS, JJ., concur.

1
We decide this case without oral argument pursuant to Rule 215, SCACR.